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Guest Post from Edward Metz, CDFA, from Money at Work LLC.

“Ready, Aim, Fire” is a lot more effective than “Ready, Fire, Aim”, wouldn’t you agree? So preparing for the financial aspects of the divorce is not only smart, it is crucial. Decisions you make now or in the heat of the moment, can affect the rest of your life, and in many cases, the lives of your children. Educating yourself on your present and future financial health will empower you to be a stronger player and will assist your attorneys in representing you in the most cost effective manner.

In a mediation oriented divorce, this will help both parties establish a fair and equitable distribution in the most cost effective way. In a litigated divorce process, it will not only ensure that you are armed with the understanding of your present and future financial health, it will give you and your attorneys the visual aids to assist them in representing you both orally and visually for the best possible outcome.

For more information on what you need to know before your divorce is final, please call Ed Metz, CDFA, at (973)895-1133 or go to http://www.MoneyAtWorkLLC.com.

Iandoli and Edens, LLC is reaching out to prior clients, colleagues and the public regarding the proposed law working its way through the New Jersey Legislature that may affect many of you.

New Jersey lawmakers are attempting to make profound changes to the guidelines which detail alimony awards in our Courts. The most radical change from our current system is the abolishment of permanent alimony. If you are paying or receiving permanent alimony, you will certainly want to contact our firm to learn more. However, the proposed law also defines all other alimony durations as follows:

Duration of Marriage – Duration of Alimony Terms is Associated to Months of Marriage

Less than 60 months – No longer than 50% of the months married
(5 years)

60 to 120 months – No longer than 60% of the months married
(5-10 years)

120 to 180 months – No longer than 70% of the months married
(10 to 15 years)

180 to 240 months – No longer than 80% of the months married
(15-20 years)

Over 240 months – At the Court’s discretion
(20 years)

This law may take effective as early as October 1, 2013.

It is important to remember that this law may not apply to all. As a result of a negotiated settlement or by Order of the Court, you may be paying more than the structure above. While the above is a basic summary of complex legislation, please contact our firm to learn if you qualify for a reduced alimony duration under this new legislation. If you receive alimony from your former spouse, and are concerned that your alimony may be changed based on this law, please contact our firm since there are certain defenses spelled out in the law that we can argue to protect your rights. If the law passes, parties affected by the above changes have two years to motion the Court to have their alimony conform to the above. We suggest that litigants move swiftly as the Court is not inclined to make any changes retroactive to the date the bill becomes law.

Contact us today at 908.879.9499 or visit us on the web at http://www.iandoliedens.com to find out more.
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Bill 3909 in the Assembly, 2750 in the Senate

Re-adoption is the process by which a U.S. court in the adoptive parents’ state of residence formally recognizes a foreign adoption’s validity under state law. If the court is satisfied that the requirements of state law have been met, a U.S. adoption decree is issued upon completion of the re-adoption process. Determining whether or not re-adoption is mandatory hinges upon the type of visa issued to the child. There are two possible visas that may be issued as part of an international adoption – the IR-3 or IR-4. In the event an IR-4 is issued, re-adoption will be necessary in order to obtain U.S. citizenship for the child. If the adoption was not able to be finalized overseas, an IR-4 visa may be issued. The IR-3 visa signifies that an adoption was finalized overseas. If a child is issued the IR-3 visa, he or she is automatically an American citizen upon arriving in the U.S. However, even with the IR-3 visa, some states still require re-adoption for purposes of obtaining a U.S. birth certificate, name change and social security card for the child.

In New Jersey, foreign adoptions are recognized by statute; however, there is currently no formal mechanism for registering the foreign adoption. Therefore, it is strongly recommended that an adoptive family residing in New Jersey not rely solely on a foreign adoption decree, but also take steps to formalize the adoption by the process of re-adoption. Also, re-adoption will provide the adoptive parents with reassurance that all states recognize the validity of their foreign adoption should they chose to relocate in the future; in effect providing the adoptive parents with greater legal security.

In addition to providing the adoptive parents with peace of mind that the validity of their parentage cannot be challenged, there are several other benefits to re-adoption. For example, if the adoptive parents were not permitted to change the child’s name as part of the foreign adoption, they may do so as part of the re-adoption process. They may also obtain a U.S. birth certificate for the child. Re-adoption could also help protect a child’s inheritance rights.

Please contact one of our experienced adoption attorneys at Iandoli & Edens, LLC at 908-879-9499 to discuss your adoption questions or visit us on the web at http://www.iandoliedens.com.

A Premarital Agreement (also coined a “prenuptial agreement”) is a contract between prospective spouses made in contemplation of marriage. The contract is effective upon marriage. The document must be in writing, signed by both parties. The contract typically contains obligations pertaining to the following:

• The personal rights and obligations of each party
• Property management
• Disposition of property
• Spousal support
• Death benefits
• Governing law

Creating an enforceable and foolproof prenup is impossible without strict adherence to two very important rules. Rule number one is full disclosure. Rule number two is the agreement must not be unconscionable at the time it is sought to be enforced.

The contract must be free of any material omissions or distortions. If a party neglects to list a material asset, debt or resource, the document can be challenged on the assertion of fraud or misrepresentation. Disclosure need not be exact, but it must be complete.

If you would like more information about prenuptial agreements, contact us today at 908.879.9499 to speak to one of our experienced attorneys. Visit us on the web at http://www.iandoliedens.com.